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JimLawyer
JimLawyer, Solicitor
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I had a CCJ wrongly put in against my company of which went

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Hi,I had a CCJ wrongly put in against my company of which went through the courts as I failed to respond in time. A debt collections agency came to my personal residence and collected £3000. I had applied to have the CCJ overturned and won the case in court, as such it was removed. I contacted the collection agency who never paid the claimant the monies bar £160 and requested the money back of which they are claiming are their fees, as I never hired them and the CCJ no longer exists do I have a standing to demand this money back and ultimately if needs be take them to court to recover?

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Yes, if the £160 was incurred due to the CCJ being made, you then get the CCJ set aside then you can demand the £160 back from them - if they refuse then you can sue for that sum at http://www.moneyclaim.gov.uk which would cost £25 for the court issue fee (total claim therefore £185). The setting aside of the CCJ means it is as if it was never made - it comes off the credit registers too. You shouldn't be out of pocket for anything.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

Customer: replied 1 year ago.
Its the collection agency that took £3000 that are refusing to give me any money back. This applies to them also?

Yes, sorry - yes it does apply to them, thanks

Customer: replied 1 year ago.
Jim,
The collection agency responded with the below:Good afternoon Robert,Thank you for your email.You make reference to company guidelines? What company guidelines, it is the law. Enforcement fees are chargeable and recoverable from the Defendant as per the Tribunals, Courts and Enforcement Act 2007, they are charged in addition to the original Judgement debt. We as enforcement agents are ordered to enforce open and live Writs issued by the High Court. At the time of our agent’s attendance, the High Court Writ was open and live, it was not paid in full or cancelled/ Set Aside, therefore the action taken was lawful and executed as per legislation and not company guidelines. The same is said for the 14-day Statutory period, it’s the law and not a company guideline, I refer you to the Insolvency Act 1986 which further validates the period.Collect My Debt Limited had fully completed the process as set out in Law, 11 weeks before the Defendant company obtained its order for Set Aside. Had the Set Aside have been ordered within the 14-day period, we would lawfully have to reverse the payment and advise the Claimant of our actions.The dispute is a Civil matter between Claimant and Defendant, should the Defendant wish to recover any monies believed owed, then they must do this by taking the appropriate action against the Claimant.Collect My Debt Limited are not responsible for the repayment of any monies the Defendant feels is owed and will if necessary, vigorously defend any proceedings taken against the company. Collect My Debt Limited will seek an order for all costs incurred should there be a requirement to defend an application for judgement.I strongly recommend you discuss this matter in detail with your solicitors before taking it upon yourself to attempt any action against Collect My Debt Limited rather than the Claimant.Regards,Dean Stevens
AccountsCould you advise who is responsible?

They can't recover costs in a claim of this size, so a baseless threat there. You could pursue the claimant for the sum - it is an incidental expense which shouldn't have been incurred.

SO if you send the claimant a letter before action, give them 30 days to pay, if they do not then you can issue for the money back

I hope this helps? If you can reply “yes”, or when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim

Customer: replied 1 year ago.
In regards ***** ***** the debt collection is claiming as theirs do they have a legal standing there?

If the claimant sued for the £3,000 and the agent simply collected it, it has gone back to the claimant. It's the claimant who needs to be pursued in my view.

Customer: replied 1 year ago.
The agents never paid the claimant they kept the money
Customer: replied 1 year ago.
now it's been overturned they are claiming its theirs for fees etc

OK, the reason you lost this though is due to the claimant's action. If you sue the claimant, they may counter sue the agency (they have a contract with each other)

Customer: replied 1 year ago.
the claimant is the person to pursue not the agency

Yes, the claimant owes the money given that the CCJ has been set aside. They should never have sued you. You paid £3000 as a result of the CCJ. The agent should repay the 3000 to the claimant but the claimant is liable here

Does this clarify?

Customer: replied 1 year ago.
Thanks Jim

no problem, have a good evening

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